HF 2708 (LSB 6745YH (4) 91)

HOUSE FILE 2708

BY  GJERDE, KURTH, KRESSIG, LEVIN, GOSA, BROWN-POWERS, and WESSEL-KROESCHELL

A BILL FOR

An Act relating to operating a motor vehicle while intoxicated and causing injury, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 707.6A, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  A person commits an aggravated misdemeanor when the person unintentionally injures another person by operating a motor vehicle while intoxicated, as prohibited by section 321J.2. A person committing a second or subsequent violation of this subsection commits a class “D” felony.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a person who unintentionally causes the death of another by operating a motor vehicle while intoxicated (OWI) commits a class “B” felony. A person who unintentionally causes a serious injury by OWI commits a class “D” felony. “Serious injury” is defined to include disabling mental illness; bodily injury which creates a substantial risk of death, causes serious permanent disfigurement, or causes protracted loss or impairment of the function of any bodily member or organ; any injury to a child that requires surgical repair and necessitates the administration of general anesthesia; and skull fractures, rib fractures, and metaphyseal fractures of the long bones of children under the age of four years.
   This bill provides that a person who unintentionally injures another person, but does not cause serious injury, by OWI commits an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A person committing a second or subsequent violation of the bill commits a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.